Gifting of Shares Packet

Transcription

1 Gifting of Shares Packet Goldbelt, Incorporated, is an Alaska Native Corporation created under the Alaska Native Claims Settlement Act. The gifting of Goldbelt shares may only be transferred to a child, grandchild, great grandchild, niece, nephew, brother, or sister. Recipient must be related by birth or legal adoption (before the recipient reaches 18 years of age). Recipient must be Alaska Native and be able to provide proof of blood quantum (i.e. Tribal enrollment card or BIA Certificate of Indian Blood). Upon receipt of the completed Goldbelt Gifting Packet and required enrollment documents the transfer of shares will be made. Incomplete gifting packets will not be accepted. Gifting Checklist: Part A: Affidavit Request for Gift of Shares Completed by donor. Donor s signature must be notarized. Part B: Affidavit of Acceptance for Gift of Shares Completed by recipient or recipient s custodian. Recipient s signature must be notarized. Part C: Enrollment Information and Direct Deposit Authorization Completed by recipient. Part D: Ancestral Trust Complete the family tree. Part E: o Custodian Consent Form Completed by recipient s custodian, only if the recipient is under the age of 18. o Testamentary Disposition Completed by recipient, only if the recipient is over the age of 18. Birth Certificate Please provide all necessary birth certificates to prove relationship between recipient and donor. This is important for the Ancestral Trust review and to show direct lineal descent to an original Goldbelt shareholder. Blood Quantum Tribal Enrollment or Certificate of Indian Blood. Please send completed forms & documents via mail, , or fax Clinton Drive, Juneau, Alaska shareholder@goldbelt.com Fax: (907) Phone: (907) Toll Free: (800)

2 Part A: Affidavit Request for Gift of Shares (Completed by Donor) I,, of First Name Middle Name Last Name, Mailing Address City State Zip Code Phone: Shareholder ID: Social Security Number: Under oath, hereby depose and say: 1. I am a Goldbelt, Inc. shareholder currently owning shares of Stock of Goldbelt, Incorporated. 2. I understand that under the Alaska Native Claims Settlement Act (43 U.S.C. 1606) a shareholder may transfer stock to an Alaska Native or a descendant of an Alaska Native, as a gift from a shareholder to his/her child, grandchild, great grandchild, niece, nephew, brother, or sister. 3. I understand that the recipient of this gift must be an Alaska Native or descendant of an Alaska Native, which includes persons who are family members by adoption, and I have filled out the attached family tree form as accurately as possible. If the recipient is a relative by adoption, I have attached a true copy of the court Decree of Adoption or similar legal proof of adoption. 4. I wish to make a gift of shares of Goldbelt, Incorporated stock to. Relationship to donor. 5. I attest that I am over 18 years of age or have attained majority status under the laws of the State of Alaska. 6. I understand that after the transfer is completed, I will own shares of Goldbelt, Incorporated stock. My original stock certificate will be canceled and a new certificate for my remaining shares will be issued to me. 7. I understand that I will not be able to revoke, take back, or otherwise change this gift of shares once it has been made. 8. I understand that the gift of the stock places all authority over and benefits to the stock (including transfer by will or gift) in the hands of the recipient. I will no longer have voting rights for the transferred shares and I will no longer receive dividends or distributions for the transferred shares. 9. I represent and affirm that I have not received or been promised any consideration or anything of value in exchange for making this gift. I wish to make this gift exclusively to benefit the recipient, and not because of any benefit to me. 10. I understand that by signing this Affidavit Request I am swearing under oath to the best of my knowledge and belief that everything stated herein is true, and that I am acting of my own free will and am not under any undue pressure, influence, or duress. Donor: Please sign this affidavit in the presence of a notary public. DATED this day of, 20 (Signature) SUBSCRIBED AND SWORN to before me this day of, 20 Notary Public in and for: My Commission Expires:

3 PART B: AFFIDAVIT OF ACCEPTANCE FOR GIFT OF SHARES (Completed by Recipient) I, First Name Middle Name Last Name Under oath, depose as follows: 1. I understand that if the proposed gift is approved, I will receive share(s) of Goldbelt, Incorporated stock as a gift from (name of donor). 2. I have not paid, transferred, or promised anything of value to obtain these shares. 3. I understand that if this gift is approved, I will have the following rights and responsibilities with regard to the shares: (a) (b) (c) (d) At shareholder meetings, either in person or by proxy, I will be responsible for voting my shares. I will be responsible for determining the future ownership of my shares by gift or will. I will be entitled to receive distributions or dividends issued by Goldbelt, Incorporated to holders of Settlement Stock, the amount to be based on the number of shares I own. I will be responsible for paying whatever taxes may be owed as a result of receiving this gift of shares. 4. Once transferred, I understand that the law does not allow the gifting transfer to be reversed. 5. I understand that my signature below indicates my acceptance of the proposed stock gift and my request that Goldbelt, Incorporated complete the transfer of shares from the shareholder named above to me. Recipient: Please sign this affidavit in the presence of a notary public DATED this day of, 20 (Signature) SUBSCRIBED AND SWORN to before me this day of, 20 Notary Public in and for: My Commission Expires: PART C: ENROLLMENT INFORMATION & DIRECT DEPOSIT Date of Birth: / / Social Security #: - - Mailing Address: City: State: Zip Code: Home Phone: Cell Phone: AUTHORIZATION FOR DIRECT DEPOSIT This authority is to remain in full force and effect until GOLDBELT, INCORPORATED has received written notification from me of its termination in such time and in such manner as to afford GOLDBELT, INCORPORATED and the above Depository a reasonable opportunity to act. Bank Name: Bank Phone #: City: State: Account No.: Routing No.: Type of Account: Checking Savings Decline

4 PART D: ANCESTRAL TRUST ELIGIBILITY In order to complete the gifting request, we will need to verify that recipients are related by blood or legal adoption. Complete this form with the appropriate lineage that details how you and the recipient are related. For example, if you are gifting shares to a niece, list your name, your parent s names, your sibling s name, and then the name of your niece. To the best of your abilities please complete the following family tree and circle any family members who are/were original Goldbelt shareholders: *Please note that additional documentation may be required to establish eligibility for the Ancestral Trust OFFICE USE ONLY Approved by: Date: Eligible: Yes No Eligible Through: Additional Information Needed: Notes:

5 PART E: CUSTODIAN CONSENT In the matter of (Minor s Full Name) a minor: This document appoints as custodian of (Custodian s Full Name) all stock and other property that the above-named minor is and may later be entitled to receive from Goldbelt, Incorporated, pursuant to the provisions of the Alaska Native Claims Settlement Act of December 18, 1971, 85 Stat. 688, (43 U.S.C et seq.) until the minor reaches age 18. This appointment complies with Alaska Statute , as set forth on the reverse side hereof. (Custodian s Mailing Address) (City) (State) (Zip Code) (Custodian s Address) (Home Phone) (Cell Phone) The undersigned hereby consents to and accepts appointment and designation as custodian for the abovenamed minor, and agrees to receive and hold as custodian all stock and property distributed to such minor by Goldbelt, Incorporated pursuant to the provisions of the Alaska Native Claims Settlement Act, which the said minor is or may be entitled to receive. The undersigned further agrees to collect, hold, manage, invest and reinvest the custodial property in accordance with the Uniform Gifts to Minors Act of the State of Alaska, as it may be amended from time to time. The undersigned acknowledges that they have read and understand the provisions of Section and of the Alaska Statutes, concerning the appointment, powers, and duties of custodians for minors, which appear on the reverse side hereof. Date: Signature of Custodian: Family or Legal Relationship of Custodian to the Above-Named Minor:

6 AS Native Corporation; Custodians. (a) The stock or membership in a corporation organized under the law of this state under 43 U.S.C et seq. (Alaska Native Claims Settlement Act) that a minor is entitled to receive under that Act shall be held by a custodian. (b) A person making a transfer of stock, whether by gift, devise, or other method, may nominate a custodian. In the absence of a nomination, the custodian shall be determined under the order of priority set out below. The appointment becomes effective upon the corporation's receipt of the custodian's written consent to the appointment. The order of priority is: (1) the legal guardian, if any, of the minor; (2) a parent, if any, of the minor, as selected by the parents; (3) an adult member of the minor's family; in this paragraph, "member of the minor's family" has the meaning given in AS , and also includes members of a family with whom the minor has customarily lived. (c) For good cause, a district court or the superior court may vary the order of priority set out in (b) of this section or appoint another suitable person as custodian. (d) The custodianship is governed by this chapter, as modified by the following: (1) [Repealed, Sec. 12 ch 60 SLA 1992], (2) under AS , a third person is responsible for determining whether stock is inalienable under the Act; (3) the custodian shall give an appropriate receipt for property received for the minor; (4) the custodian may not alienate inalienable property except within the limits provided by law; (5) the form of registration or title shall be "as custodian for (name of minor) under the Alaska Native Claims Settlement Act"; (6) a custodian may not receive compensation except, upon application to and approval by the superior court, for unusual and extraordinary services; (7) custodial property includes securities, money, and other real and personal property under supervision as a consequence of the Act. (e) Notwithstanding AS , the stock shall be transferred to the minor when the minor reaches 18 years of age, or to the minor's heirs if the minor dies before reaching 18 years of age. (f) In this section, (1) "Act" means 43 U.S.C et seq. (Alaska Native Claims Settlement Act); (2) "minor" means an individual who is less than 18 years of age; (3) "stock" means the stock or membership in a corporation that is organized under the law of this state under the Act and that a minor is entitled to receive under the Act, whether by gift, devise, or other method; "stock" includes inchoate rights to stock. AS Care of custodial property. (a) A custodian shall: (1) take control of custodial property; (2) register or record title to custodial property if appropriate; and (3) collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute except AS restricting investments by fiduciaries. If a custodian has a special skill or expertise, or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian s discretion and without liability to the minor or the minor s estate, may retain custodial property received from a transferor. (c) A custodian may invest in or pay premiums on life insurance or endowment policies on: (1) the life of the minor only if the minor or the minor s estate, is the sole beneficiary; or (2) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor s estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary. (d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor s interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is also identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: as custodian for (name of minor) under the Alaska Uniform Transfers to Minors Act." First Name M.l. Last Name (e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor s tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.

7 The following Testamentary Disposition is a last will and testament for your Goldbelt, Incorporated ( Goldbelt ) shares, as authorized by Alaska Statutes When properly completed, this document will direct who will receive your Goldbelt shares after your death. This Testamentary Disposition can be replaced or updated by you at any time with the completion of a new Testamentary Disposition. The most recent one will be used to distribute your stock. This document only directs how your Goldbelt shares will pass and is not a complete will; you should have a general Last Will & Testament if you want to be certain that your other property will pass according to your intentions. If properly executed, your Testamentary Disposition will govern the division of your ANCSA shares. If you do not have a valid Testamentary Disposition, your shares will be divided pursuant to your valid Last Will & Testament if Goldbelt or general ANCSA shares are specifically mentioned. Shareholders who do not have a valid Testamentary Disposition or Last Will & Testament will have their shares divided according to the Alaska rules of intestate succession. In order to be valid, Testamentary Dispositions can only be completed by shareholders who have reached the age of majority. Testamentary Dispositions that are submitted by guardians, custodians, power of attorneys, or anyone other than the shareholder are invalid and will not be honored by Goldbelt. Goldbelt will make all reasonable efforts to protect your original Testamentary Disposition; however, the corporation cannot guarantee its safety and will not be liable for its loss or destruction. Therefore, you should preserve a copy of the original document, both as a reminder of how you have willed your stock and so that a copy exists if the original Testamentary Disposition is somehow destroyed or lost. You may wish to make an additional copy and give it to a trusted relative or friend, or put it in a safe deposit box or another safe place. Goldbelt staff will review your original Testamentary Disposition when you complete and return it, and will contact you if they find an obvious defect in the way you have filled it out, signed it, or dated it. However, you are responsible for the completion and accuracy of your Testamentary Disposition. Remember that you may not will fractions of shares. For example, if you have 100 shares and three equal beneficiaries, you should state which two will receive 33 shares and who will receive 34. If you need assistance completing your Testamentary Disposition, please contact Shareholder Services at (907) or (800) Please return the original form to the corporation at 3025 Clinton Drive, Juneau, AK 99801, after your have filled it out, dated it, and signed it before a Notary Public. You should retain the pink copy for your records.

8 TESTAMENTARY DISPOSITION I, (type or print your full legal name or your name as it appears on your Goldbelt stock certificate), in accordance with Alaska Statutes , execute the following will of my shares in Goldbelt, Incorporated. Upon my death, I leave my shares of stock in Goldbelt, Incorporated to the following person(s), each to receive the number of shares set forth following his or her name and address: Part A. Name & Relationship Current Address or City & State No. of Shares Part B. 1. If, at the time of my death, I have acquired more shares than those given out in Part A. above, and have not yet completed a valid Testamentary Disposition for the additional shares, I leave the extra shares as follows: [check only ONE box, and INITIAL the box you check] to the people listed in Part A above, in the same proportion as the shares willed there in equal numbers to those people listed in Part A., above all to the following: (name) (address) in equal numbers to all children born to or adopted by me before or after the date of this Testamentary Disposition otherwise, as follows: 2. If other children are born to or adopted by me after the date of this Testamentary Disposition, I wish for them to be included in as nearly equal shares as possible with those persons listed in Part A. Yes No [If neither box is checked, Goldbelt will presume the answer is Yes ] 3. If any of the people named in Part A. should die before I do, I leave the shares that are willed to that person as follows: [check only ONE box, and INITIAL the box you check] in equal numbers to that person s biological or legally adopted children to the surviving people listed in Part A. in the same proportion as the shares willed there in equal numbers to those people listed in Part A. all to the following: (name) (address) otherwise, as follows: Dated this day of, 20 Signature of Shareholder Social Security or Shareholder ID #: Notary Block [to be completed by a Notary Public] STATE OF ) ) (Judicial District or County) I certify that on the day of, 20, before me, the undersigned authority, personally appeared, [name of owner of shares], to me known to be the person whose name appears above as Owner and to be the person who signed the foregoing Testamentary Disposition, and acknowledged to me that it is freely and voluntarily signed for the uses and purposes therein described. WITNESS my hand and official seal the day and year first above written. Notary Public in and for the State of My Commission Expires: